1. The Defendants shall deliver to the Plaintiff each real estate listed in the separate sheet No. 1 and the motor vehicle listed in the separate sheet No. 2.

2...

1. Facts of recognition;

A. The Plaintiff is a company established on February 19, 197 for the purpose of construction waste disposal business, etc., and Defendant C is a director and representative director of the Plaintiff, Defendant D is an auditor of the Plaintiff, and Defendant B is a manager of the Plaintiff.

B. The Plaintiff is the owner of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) and the motor vehicle listed in the separate sheet No. 2 (hereinafter “instant motor vehicle”). The Defendants occupy the instant real estate and the instant motor vehicle, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Part on the claim for the delivery of the instant real estate

A. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to deliver the instant real estate to the Plaintiff seeking the exclusion of disturbance, unless there is no legitimate title to possess the instant real estate.

B. The parties’ assertion and judgment (1) The Defendants asserted that, based on a lease agreement entered into between the Plaintiff and the Defendant B, the Defendants legitimately occupied the instant real estate, and that, among 140 million won paid by Defendant B in order to handle the Plaintiff’s various litigation affairs and pay national taxes in arrears, the said lease agreement is paid from 70 million won which was not returned from the Plaintiff to the Plaintiff and 100 million won per month, and that the said lease agreement is not yet terminated, the Plaintiff’s request for delivery cannot be complied with.

As to this, the Plaintiff entered into a lease agreement between the Plaintiff and Defendant B, as alleged by the Defendants.

Even if there was no fact that the Plaintiff was paid once, and thus the above lease contract was terminated as the service of the briefs dated September 12, 2017. Thus, the Defendants asserted that they have the duty to deliver the instant real estate to the Plaintiff.

(2) In full view of the purport of the entire pleadings in the statement No. 4-2 of the judgment No. 4-2, the Plaintiff and Defendant B on January 30, 2015.